AN ORDINANCE TO CREATE A NEW CHAPTER 205 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NY

ENTITLED STREET PERFORMANCES

BE IT ORDAINED by the City Council of the City of Saratoga Springs, NY, as follows: SECTION 1: A new Chapter 205 of the Code of the City of Saratoga Springs, NY, entitled Street Performances is hereby created to read:

CHAPTER 205 STREET PERFORMANCES

205-1 STATEMENT OF PURPOSE

The City Council of the City of Saratoga Springs finds that performances by various artists in public places enhance our citys environment and character. Such artistic efforts are both a valuable cultural experience and a forum for the expression of ideas in a free country. This chapters purpose is to establish regulations that encourage street performances while preserving, as fully as possible, the reasonable expectations of citizens to enjoy peace and quiet in their homes, in their places of business, and in public places.

205-2 DEFINITIONS

PERFORM To engage in any musical, theatrical, aesthetic or artistic effort or expression, in a public place, in a manner reasonably intended to attract the attention of others. The term shall not include the selling of any goods, food, wares, or merchandise. PERFORMER a person subject to licensing under this chapter. PUBLIC PLACE any sidewalk, street, park, public way, or other place to which the public has access.

205-3 LICENSES

A. No person, partnership, corporation or legal entity shall perform in a public place without first obtaining a street performance license as provided herein.

B. Application for licenses shall be made to the Commissioner of Accounts on forms provided by the Commissioner for that purpose. All applications shall contain the following information:

1. The name of the applicant. Each person who intends to perform as a member of a group of performers shall make separate application for a license.

2. Contact information for the applicant. Such information may include street address, telephone number, and/or email address.

3. Two color photographs of the applicant, taken within thirty (30) days of the date of the application, that are able to be reproduced in a size of 1.5 inches by 1.5 inches. The photographs shall not show the applicant wearing any head covering or any facial covering other than prescription glasses. If the applicant will be performing in a costume, an additional photograph in said costume shall be submitted.

4. A narrative description of the performance, including all instruments, props, and other equipment to be used.

5. If the applicant is under the age of eighteen years, sufficient proof that the applicants parent or legal guardian consents to the issuance of the license.

6. The applicant must also present proof of identification in the form of a current government-issued or school-issued photo identification card.

C. Upon finding that the application contains all the foregoing information, the Commissioner of Accounts shall issue the license to the applicant. The Commissioner shall have authority to investigate the truth of the information provided, and, if the Commissioner shall find that the applicant has provided false information, the Commissioner shall have authority to deny the application.

D. Fees for licenses shall be established by the City Council from time to time, by resolution.

E. Each license shall be valid until December 31 in the year it is issued. F. No license shall be transferable to any other person. G. Each performer shall be issued a license in the form of a card or badge for

identification, and shall display said license prominently at all times while performing.

205-4 REGULATIONS

A performer licensed under this chapter shall not, when performing: A. Generate any sound, either intermittent or constant, that exceeds a

measurement of eighty (80) decibels measured at a distance of fifty (50) feet from the place of performance

B. Perform within fifty (50) feet of another performer licensed under this chapter. C. Perform within fifty (50) feet of the area covered by any special event for

which a permit has been issued under City Code chapter 199A D. Perform within ten (10) feet of a street corner, a bus stop sign, a crosswalk, a

curb cut, or a driveway. E. Perform within ten (10) feet of a designated handicapped parking space. F. Perform within ten (10) feet of the outer edge of an entrance to a building or

structure at any time that such entrance is open for use by the public or by persons who may lawfully enter therein.

G. Perform at any time earlier than 10:00 AM or later than 10:00 PM

H. Knowingly permit the sidewalk within ten (10) feet of his or her performance to become littered with debris scattered by persons attending the performance. Frequent verbal reminders to persons attending the performance shall be sufficient compliance with this requirement.

I. Use any electrical cords. J. Use any flame, smoke, sharp implement, real firearm or replica firearm. K. Use any animal in his or her performance. For purposes of this subsection the

term animal shall mean any non-human genus or species. L. Display any sign other than his or her issued license card or badge, except that

he or she may display one paper or cardboard sign not larger than 12 inches by 12 inches, in a manner that does not interfere with pedestrian traffic.

M. Block or obstruct the free and safe movement of pedestrians and vehicles through and across public ways. If a sufficient crowd should gather so that such free and safe movement is blocked or obstructed, any police officer or fire inspector shall have authority to direct the performance to cease or move to another location until safe passage is restored.

205-5 LICENSE NOT TO SUPERSEDE EMERGENCY POWERS

The issuance of a license under this section shall not supersede any emergency action or declaration, by any official of the City of Saratoga Springs authorized to issue such action or declaration, that an emergency exists sufficient to warrant the temporary exclusion of street performances from a designated area or areas. Licensees may appeal to the City Council for review of any such emergency action or declaration.

205-6 SUSPENSION OR REVOCATION OF LICENSE

A license issued under this chapter may be suspended or revoked by the Commissioner of Accounts, upon due notice, for a violation of any provision of this chapter or for any conduct by a licensee that indicates a disregard for public safety. Notice of a proposed suspension or revocation shall be sent by certified mail to the licensee at the address given on the application, or, if no address is given, by the means most practicable in light of the contact information provided. Said notice shall state the reason for the proposed suspension or revocation and shall state the date by which the licensee may request a hearing, except that such date shall be not more than 15 days later than the date of the notice. Request for a hearing shall be made in writing or by email to the Commissioner of Accounts. The hearing shall be held not more than thirty (30) days following receipt of the written request. Failure to request a hearing by the date specified shall result in a waiver of the hearing, and the suspension or revocation shall then take effect .

205-7 PENALTIES FOR OFFENSES

Any person who violates any provision of this chapter shall, upon conviction, be subject to the fines and penalties set forth in Chapter 1, General Provisions, Article

III, of the City Code. The Department of Public Safety is hereby authorized to enforce the provisions of this chapter. The Police Department is authorized to issue appearance tickets in accordance with Article 150 of the Criminal Procedure Law for violations of this chapter.

SECTION 2. This ordinance shall take effect immediately upon publication as required by the Code of the City of Saratoga Springs. Dated: